What is the “statute of limitations” for crimes in Colorado?

In Colorado criminal law, a statute of limitations is the time limit within which the state is permitted to file charges against you. Once the statute expires, you are generally “off the hook” and can no longer be prosecuted.

Generally speaking, the more serious the crime, the longer prosecutors have to file charges. The most serious crimes (such as murder and kidnapping) have no time limit at all.

The chart below shows the statute of limitations for various types of crimes:

Colorado Crime	Statutes of Limitations
Petty offenses (not involving theft) and civil infractions	6 months after the offense occurs
Petty offenses involving theft	6 months after the offense is discovered
Most misdemeanors	18 months after the offense occurred
Misdemeanors involving theft	18 months after the theft is discovered
Traffic misdemeanors	1 year after the offense occurs
Misdemeanor unlawful sexual contact when the victim is 15 or older	5 years after the alleged offense
Misdemeanor unlawful sexual contact when the victim is under 15	8.5 years after the alleged offense
Most felonies, including manslaughter	3 years after the alleged offense
Theft felonies, insurance fraud, and certain other felonies	3 years after the offense is discovered
Vehicular homicide (fatal DUI or fatal reckless driving) with no hit and run	5 years after the incident
Certain felonies, such as bribery	6 years after the alleged offense is discovered
Vehicular homicide (fatal DUI or fatal reckless driving) with hit and run	10 years after the incident
Felony-level unlawful sexual contact when the victim is 15 or older	10 years after the incident or 10 years after the victim reaches age 18
Sexual assault when the victim is 15 or older	20 years after the incident or 20 years after the victim reaches age 18
Murder	No limit
Kidnapping	No limit
Treason	No limit
Forgery (felonies)	No limit
Sex assault if the crime was reported within 20 years and there is DNA evidence	No limit
Sex crimes against a child	No limit

In this article, our Denver criminal defense attorneys delves into the following key issues regarding criminal statutes of limitations in Colorado:

• 1. Overview
• 2. Discovery Rule
• 3. Tolling
• 4. Crimes with No Statutes of Limitations
• 5. Felonies
• 6. Misdemeanors
• 7. Petty Offenses
• 8. What if the statute of limitations expired?
• 9. Civil Cases
• Frequently Asked Questions
• Additional Reading

1. Overview

The length of time that prosecutors have to file criminal charges – called a statute of limitations (SOL) – depends on the particular crime.

In general, the D.A. has three years to bring felony charges, 18 months to bring misdemeanor charges, one year to bring traffic misdemeanor charges, and six months to bring petty offense charges. Certain serious crimes, however, have longer statutes of limitations or none at all.

This time limit is an incentive for the police and the D.A. to investigate criminal cases as quickly as possible. Otherwise, eyewitness memories may fade and physical evidence – such as fingerprints or DNA – may disappear. Plus, you have a constitutional right to a speedy trial.¹

2. Discovery Rule

In most cases in Colorado, the time limit to prosecute begins running when the alleged crime is committed. Though in some cases – especially those involving theft or fraud – the time limit only begins running when the crime is discovered.²

Example: Becca forges her car insurance application on January 1, 2024. The insurance company does not discover the fraud until June 1, 2024, and it reports it to the police right away. Most felonies including insurance fraud have a three-year time limit to prosecute. Becca’s criminal lawyer explains to her that since this case involves fraud, the SOL begins running on June 1, 2024 – the day it was discovered. Therefore, the D.A. has until June 1, 2027 to prosecute.

The discovery rule ensures that offenses that are concealed or not immediately known to the authorities can still be prosecuted within a reasonable timeframe after discovery.

3. Tolling

Colorado’s criminal statute of limitations (SOL) automatically pauses (“tolls”) in three situations.

1. While the criminal suspect is not in Colorado (“has fled the state”), but the tolling occurs for no more than five years.
2. In cases involving rape of victims aged 15, 16, or 17, the 20-year SOL tolls until the victim turns 18.
3. In cases involving unlawful sexual contact of victims aged 15, 16, or 17, the 10-year SOL tolls until the victim turns 18.³

4. Crimes with No Statutes of Limitations

Colorado prosecutors may bring felony charges for the following serious offenses at any time:

1. Murder – first-degree (C.R.S. 18-3-102) and second-degree (C.R.S. 18-3-103)
   
2. Kidnapping (C.R.S. 18-3-301 & C.R.S. 18-3-302)
   
3. Treason (C.R.S. 18-11-101)
   
4. Any felony forgery (C.R.S. 18-5-102) offense, regardless of the penalty
5. Sexual assault (C.R.S. 18-3-402) – when there is DNA evidence of the suspect, and the sex offense was reported to law enforcement within 20 years of the alleged rape
6. Any sexual offense against a child.

There is also no time limit to prosecute for attempt (C.R.S. 18-2-101), conspiracy (C.R.S. 18-2-201), or solicitation (C.R.S. 18-2-301) of any of the above crimes.⁴

5. Felonies

For most felony crimes in Colorado, you may not be prosecuted once a three-year period has passed since the alleged offense. This three-year statute of limitations applies to drug felonies as well.

For vehicular homicide (C.R.S. 18-3-106), there is a five-year time limit to prosecute after the collision. If the driver also committed hit-and-run (C.R.S. 42-4-1603) after the fatal crash, the time limit to prosecute is ten years.

The time limit to sue is six years for the following offenses:

1. Bribery (C.R.S. 18-8-302)
2. Compensation for past official behavior (C.R.S. 18-8-303)
3. Attempt to influence a public servant (C.R.S. 18-8-306)
4. Designation of a supplier (C.R.S. 18-8-307)
5. Misuse of official information (C.R.S. 18-8-402)
6. Issuing a false certificate (C.R.S. 18-8-406)
7. Embezzlement of public property (C.R.S. 18-8-407)
8. Felony tax evasion (C.R.S. 39-21-118)
9. Felony violations of the Colorado Antitrust Act of 1992

Unlawful Sexual Contact

The time limit to sue is 10 years for felony-level unlawful sexual contact (C.R.S. 18-3-404) when the victim is 15 or older. This also comprises attempt, conspiracy, or solicitation to commit this crime.

If the victim is under 18, the statute of limitations is 10 years after they reach age 18.

Sexual Assault

The statute of limitations for sexual assault (C.R.S. 18-3-402) is 20 years when the victim is 15 or older. This also comprises attempt, conspiracy, or solicitation to commit this crime.

If the victim is under 18, the statute of limitations is 20 years after they reach age 18. Note that there is no statute of limitations if:

• the alleged rape was reported to law enforcement within 20 years of the incident, and
• there is DNA evidence of the suspect.⁵

6. Misdemeanors

For most Colorado misdemeanor crimes – including drug misdemeanors – you may not be prosecuted once 18 months have passed since the alleged offense. However, for theft misdemeanors, the 18-month time period does not commence until the alleged theft is discovered.

Note that for misdemeanor traffic offenses, the statute of limitations (SOL) for criminal proceedings is only one year after the incident.

For misdemeanor-level unlawful sexual contact (C.R.S. 18-3-404), the SOL is five years after the alleged offense. If the victim is under 15, the SOL is eight years and six months after the alleged offense. (This comprises attempt, conspiracy, or solicitation of unlawful sexual contact as well.)

The SOL for misdemeanor tax evasion is four years and six months.⁶

7. Petty Offenses

For most petty offenses – including drug petty offenses – you may not be prosecuted in Colorado once six months have passed since the alleged offense. For petty theft offenses, the six-month time limit does not begin running until the alleged theft is discovered.⁷

8. What if the statute of limitations expired?

If the D.A. charges you after the statute of limitations has run, you can file a motion to dismiss that asks the court to drop the case. The judge should comply as long as the statute of limitations has expired.⁸

9. Civil Cases

The time frames to file a civil lawsuit depend on the claim. In general, it ranges from one to three years. Potential plaintiffs should consult with an attorney.⁹

Learn more in our article on statutes of limitations in Colorado personal injury cases.

Frequently Asked Questions

Does the deadline change if a public official is involved?

Yes. For certain crimes involving a breach of public trust—such as bribery or “abuse of public office”—the standard statute of limitations is extended. Under C.R.S. 16-5-401(5), the prosecution may have an additional three years beyond the normal limit to file charges.

This extension ensures that officials cannot simply wait out the clock while in a position of power.

What happens if my case was dismissed and then re-filed later?

The time your case was active in court usually doesn’t count toward the statute of limitations. This is known as the “Pending Prosecution” rule, per C.R.S. 16-5-401(3).

If a prosecutor files a complaint but it is later quashed or dismissed on a technicality, the “clock” is paused (tolled) for the entire duration that the case was pending. Once dismissed, the clock resumes from where it left off, rather than starting over.

Is there a different limit for hit-and-runs involving vehicular homicide?

While a typical felony hit-and-run has a five-year limit, Colorado law significantly extends this for the most serious cases. If you are charged with both vehicular homicide and leaving the scene of an accident resulting in death as part of the “same criminal episode,” the statute of limitations is extended to 10 years.

If the criminal deadline has passed, can I still be sued in civil court?

It depends. Criminal and civil statutes of limitations are entirely separate.

For example, while a criminal traffic misdemeanor may have a one-year limit, a victim in Colorado generally has three years to file a civil lawsuit for a car accident. Conversely, some intentional acts like libel or slander have a very short one-year civil limit, even if the related criminal conduct has a longer window.

How does a “breach of fiduciary duty” affect the timeline?

In cases involving financial trust—such as a government official or a person in a “fiduciary” role mishandling funds—the clock often does not start until the crime is discovered. Furthermore, Colorado law allows for a one-year extension for prosecutions involving a breach of fiduciary duty by a public employee or official, recognizing that these crimes are often intentionally hidden through complex paperwork.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Easing the Tension before Statutes of Limitations and the Continuing Offense Doctrine – Northwestern University Journal of Law & Social Policy.
• Child Sexual Abuse and Criminal Statutes of Limitation: A Model for Reform – Washington Law Review.
• Efficient Time Bars: A New Rationale for the Existence of Statutes of Limitations in Criminal Law – The Journal of Legal Studies.
• Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial – William & Mary Law Review.

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Legal References